The appeal is noted against the determination handed down on 24 March, 2011 by Respondent’s Disciplinary Committee which found the Appellant guilty of reselling tickets and consequently imposed a dismissal penalty.
The Appellant was employed by the Respondent as a conductor. The Respondent’s case was that on the 5th of December 2010 a Risk Controller, MrMutizwa upon checking tickets found 4 passengers with resold tickets in a bus Appellant wasoperating as Conductor. The Appellant was suspended verbally on the same day 5th of December, 2010. He was then notified on 24th March, 2011 of the date of Disciplinary Hearing, which... More
This matter came before me as an urgent chamber application. I then set it down and heard the parties’ legal practitioners on 26 August 2013. After hearing, the legal practitioners I dismissed the application with costs. More
This is an application for the setting aside of the sale to and cession into the name of the second respondent of rights, title and interest in an immovable property known as No. 5 Gura Way, Marondera. The stand number of the property is described differently in the papers. In the Certificate of Authority to sell the property given by the third respondent, the Master of the High Court, it is described as Stand No. 2503 Chitepo Township Marondera also known as House No. 5 Gura Way Marondera. The valuation reports annexed to the applicant’s papers describe it as Stand... More
This is an application for stay of execution of an award issued by the second Respondent on 30 September 2013. The 2nd Respondent ordered Applicant to reinstate the 1st Respondent without loss of salary and benefits. If reinstatement is no longer an option Applicant was ordered to pay the 1st Respondent damages in lieu of reinstatement. The parties are to agree on the quantum failing which either party may approach the Arbitrator for quantification. More
In this appeal the appellants were aggrieved by the determination of an arbitrator. The Labour Act Chapter 28:01 stipulates that only issues of law may be brought on appeal against a determination of an arbitrator. In this matter the arbitrator made a factual finding that the appellants were fairly dismissed after committing the alleged offences. The grounds of appeal raise issues of a factual nature. These grounds are therefore not properly before the Court. Further, there is no averrement that the Learned Arbitrator misdirected himself on the facts and that such misdirection amounted to a misdirection at law. In the... More
